Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 5610-5611 OF 2011
INDIAN BANK Appellant(s)
VERSUS
M/S NIPPON ENTERPRISES SOUTH & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. The short issue to be decided in these appeals is
whether the appellant, who has been successful in the
SARFAESI proceedings against the owner of the secured
assets, automatically can have the same say as
against the tenant in the premises.
2. That issue has been considered in the various
Judgments of this Court and the latest one is in
JUDGMENT
"Vishal N. Kalsaria Vs. Bank of India & Ors." in Crl.
Appeal No. 52 of 2016 decided on 20.01.2016, reported
in (2016) 1 SCALE 172 and at paragraph 30, this Court
has observed as under :-
"It is a settled position of law that once
tenancy is created, a tenant can be
evicted only after following the due
process of law, as prescribed under the
provisions of the Rent Control Act. A
tenant cannot be arbitrarily evicted by
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using the provisions of the SARFAESI Act
as that would amount to stultifying the
statutory rights of protection given to
the tenant....... "
3. In view of the above, these appeals are
dismissed. However, we make it clear that the
dismissal of these appeals shall not stand in the way
of the appellant-Bank taking recourse to any remedy
under any law for evicting the first respondent.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ ROHINTON FALI NARIMAN ]
New Delhi;
February 17, 2016.
JUDGMENT
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